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Unfair Competition

The use of protective writs in unfair competition cases in Spain

On 29 March 2023, the first preventive letter (protective writ) in Spain was admitted in a case of unfair competition. The Commercial Court of Barcelona granted the request that, except for duly justified reasons of urgency, preliminary injunctions should not be granted without a hearing against the company filing the preventive writ, for alleged infringement …

Patents

First judgment on damages for a pharmaceutical patent and the effect of price reduction (the raloxifene case)

On 23 June 2023, the Provincial Court of Madrid ruled for the first time in Spain on the question of which generic company should pay compensation for the price reduction of a reference product following a declaration of infringement of the patent rights protecting it. The ruling was issued by the 32nd Section specializing in …

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